| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 97/05 |
| Hearing date | 14 Apr 2005 |
| Determination date | 10 June 2005 |
| Member | P R Stapp |
| Representation | G Gowland ; P Pa'u |
| Location | Palmerston North |
| Parties | Lardelli v Pars Transport Ltd |
| Summary | JURISDICTION - Whether independent contractor or employee - No written employment agreement - Regularly paid by respondent - Provided with truck - Took sick leave - Not in business on own account - Completed tax form for employees - In industry were employees and independent contractors - Applicant employee - UNJUSTIFIED DISMISSAL - Was told to wait at home for arrangements to be made for a truck to be provided - Then told not required for work anymore - Dismissed without cause - Alternatively failure to provide applicant with work and make arrangements for use of truck was unjustified and affected his employment to his disadvantage - ARREARS OF WAGES - Was agreed that applicant would be paid $750 per week - Either underpayment or unlawful deduction of wages - Arrears of wages due and owing - PENALTY - No written employment agreement - Penalty $1,500 in favour of Crown - Failure to provide wage and time records when requested - Penalty of $500 in favour of Crown |
| Result | Application granted ; Arrears of wages ($2,100) ; Reimbursement of lost wages ($1,500)(2 weeks) ; Compensation for humiliation etc ($4,000) ; Penalty ($2,000)(To crown) ; Costs in favour of applicant ($3,500) ; Disbursements ($250) |
| Statutes | ERA s130;Wages Protection Act 1983 |
| Number of Pages | 9 |
| PDF File Link: | wa 97_05.pdf [pdf 47 KB] |